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(영문) 대전고등법원 (청주) 2017.07.20 2017노23
아동학대범죄의처벌등에관한특례법위반(아동학대치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court determined that Defendant 1’s intentional act of abuse was recognized solely on the basis of the incomplete perception of the legal doctrine.

This is an error of law by misunderstanding the legal principles of the Child Uniforms Act and the legal principles of dolusence, which distinguish between emotional abuse and physical abuse.

2) Of the facts charged in the instant case, in the case of a child-affiliated physician, the victim’s abuse by the Defendant, i.e., the victim’s suppressions the victim into the face and then the victim dives down to the face, was killed by negligence during the process that the victim did not properly look at the status of the victim.

Therefore, it can not be said that the defendant's crime of occupational negligence and negligence is established, aside from the establishment of the crime of occupational negligence and negligence.

3) The sentence of the lower court’s improper sentencing (4 years of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of misapprehension of the legal doctrine, child abuse in the relevant legal doctrine has a negative impact on the physical and mental growth process of victimized children as a crime involving a child who is incapable of defending himself/herself, as well as may result in serious harm throughout society in that the child who experienced child abuse may boom the abuse or block other violent crimes while growing later.

For this reason, our society has aggravated punishment for child abuse by providing for child welfare laws and special laws on the punishment of child abuse crimes through legislative decisions in order to prevent and prevent abuse against children, or punish the crime already occurred.

Article 1 of the Child Reinstatement Act provides that "the purpose of Article 1 is to guarantee the welfare of children so that children can be born healthy and grow up happy and safely," and Article 3 subparagraph 7 of the same Act.

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